[4095] Cross-border supplies [updated]
Title
Finalisation of Goods and Services Tax Ruling GSTR 2005/6 Goods and services tax: the scope of subsection 38-190(3) and its application to supplies of things (other than goods or real property) made to non-residents that are GST-free under item 2 of the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999
Purpose
This Ruling is being updated and modernised to reflect changes to subsection 38-190(3) of the A New Tax System (Goods and Services Tax) Act 1999 made by the Tax and Superannuation Laws Amendment (2016 Measures No. 1) Act 2016 (SLA Act). The changes impact how goods and services tax (GST) applies to cross-border supplies. Schedule 2 of the SLA Act (generally about business-to-business supplies) applies from 1 October 2016.
Expected completion
To be advised
Comments
The draft update to GSTR 2005/6 published on 26 March 2025. Comments period closes on 9 May 2025.
Contact
Katrina Bond, International, Support and Programs
Phone: (03) 8792 1539
Title
Finalisation of Goods and Services Tax Ruling GSTR 2007/2 Goods and services tax: in the application of paragraph (b) of item 3 in the table in subsection 38-190(1) of the A New Tax System (Goods and Services Tax) Act 1999 to a supply, when does 'effective use or enjoyment' of the supply 'take place outside Australia'?
Purpose
This Ruling is being updated and modernised to incorporate amendments made by the SLA Act. The changes impact how GST applies to cross-border supplies. Schedule 1 of the SLA Act (about business to consumers supplies) applies from 1 July 2017 and Schedule 2 of the SLA Act (generally about business-to-business supplies) applies from 1 October 2016.
Expected completion
To be advised
Comments
The draft update to GSTR 2007/2 published on 26 March 2025. Comments period closes on 9 May 2025.
Contact
Katrina Bond, International, Support and Programs
Phone: (03) 8792 1539
[4125] Food of a kind marketed as prepared meals
Title
Final Goods and Services Tax Determination
Food of a kind marketed as a prepared meal
Purpose
This Determination will outline the Commissioner's view on the meaning of 'food of a kind marketed as a prepared meal' by reference to key concepts referred to in the Federal Court decision in Simplot Australia Pty Limited v Commissioner of Taxation [2023] FCA 1115.
Comments
Revised Draft Goods and Services Tax Determination GSTD 2024/D3 Goods and services tax: supplies of food of a kind marketed as a prepared meal published on 16 October 2024. Comments period closed 15 November 2024.
Draft Goods and Services Tax Determination GSTD 2024/D1 Goods and services tax: supplies of food of a kind marketed as a prepared meal, which published on 27 March 2024, has been withdrawn.
Expected completion
To be advised
Contact
Jo Drum, International, Support and Programs
Phone: (03) 8792 1469
[4130] Supplies of sunscreen
Title
Final Goods and Services Tax Determination
Supplies of sunscreen
Purpose
This Determination sets out the Commissioner’s preliminary view on when a supply of a sunscreen preparation is GST-free under subsection 38-47(1) of the A New Tax System (Goods and Services Tax) Act 1999. Draft Goods and Services Tax Determination GSTD 2024/D2 Goods and services tax: supplies of sunscreen published on 14 August 2024. Comments period closed 13 September 2024.
Expected completion
To be advised
Contact
Sharon Iselin, International, Support and Programs
Phone: (07) 3121 7318
[4186] Toddler formula products
Title
Draft Goods and Services Tax Determination
Supplies of toddler formula products
Purpose
This Determination will outline the Commissioner's view of the term ‘infant’ in the context of table item 13 of Schedule 2 to the A New Tax System (Goods and Services Tax) Act 1999, which provides that ‘beverages, and ingredients for beverages, of a kind marketed principally as food for infants or invalids’ are GST-free. This issue is currently considered in Issue 14 – Beverage for infants of the food industry register. Since this was published, there have been significant developments in the industry and we have received feedback asking us to review if an infant can be a person beyond the age of 12 months.
Expected completion
To be advised
Comments
We are further considering the scope of the draft Determination.
Contact
Jo Drum, International, Support and Programs
Phone: (03) 8792 1469